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O'BRIEN v. O'BRIEN

106 A.D.2d 223 (1985)

Michael O'Brien, Appellant-Respondent, v. Loretta O'Brien, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 11, 1985

Attorney(s) appearing for the Case

Willard H. DaSilva (Cynthia A. Hackel and Andrew Yankwitt on the brief), for appellant-respondent.

Albert J. Emanuelli for respondent-appellant.

Minna D. Edelman for Legal Awareness For Women, amicus curiae.

Sally Weinraub, P. C. (Shirley Tolley of counsel), for Westchester Women's Bar Association, amicus curiae.

NIEHOFF and LAWRENCE, JJ., concur with O'CONNOR, J.; THOMPSON, J. P., concurs in part and dissents in part, in an opinion with which WEINSTEIN, J., concurs.

O'CONNOR, J.

MARITAL PROPERTY

The threshold question, simply put, is whether a professional license acquired by one spouse during the marriage but attributable to the combined efforts, in varying degrees, of both spouses, constitutes marital property subject to equitable distribution. More specifically, the crucial issue is whether the plaintiff husband's medical license1

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